Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Hi Please Assist me with this Essay Question, IN TERMS OF SOUTH AFRICAN LAW Given scenario for the simulation. Rick Davidson is a 35-year-old accountant.

image text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribed

Hi Please Assist me with this Essay Question, IN TERMS OF SOUTH AFRICAN LAW

image text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribed
Given scenario for the simulation. Rick Davidson is a 35-year-old accountant. His wife is Sarah Davidson, a 34-year-old sales manager. They have two children, Henry, a 5-year-old boy, and Andrea, a 4-year-old girl. Sarah is also 5- months pregnant with their third child, a boy that they decided to name Oliver. Over a number of years, Rick and Sarah have had several marital problems. They have been constantly fighting, sometimes to the point of having heated arguments and engaging in physical violence. Rick has accused Sarah on several occasions of having an affair with one of Rick's co-workers, Aston Smith. Sarah has denied this allegation on several occasions. On 1 March 2023, Rick arrives home from a night out with work colleagues very drunk. Sarah confronts him on his whereabouts to which Rick replies to her, \"I do not owe you an explanation for where | go and what | do with my time. Back off.\" Sarah tells Rick that she is tired of him going out with work colleagues as he has done many times before and getting drunk. She pleads with him to stop doing it because every time Rick has done it in the past, they both end up in a vicious fight and this is really scaring the children. Sarah refers Rick to several past incidents of this nature that have taken place previously and she tries to remind him of all the good that came of him \"cleaning himself up\" as follows: . On New Year's eve in 2020 (31 December 2020), Rick got very drunk with members of his and Sarah's families at a new year's party that Rick and Sarah held, despite prevailing COVID- 19 restrictions at the time. At about 5:00 am that morning, after all the guests had left, Rick was still drunk and both he and Sarah got into a heated argument about Rick's \"drinking problem\". Rick told Sarah that he had gotten drunk to \"muster the courage\" to tell her how much he could not stand her and her family and that if she did not \"shut up\coming into the garage and this really upset Sarah. When Sarah confronted Rick, Rick said to her, \"Now who is up for a really kinky time this evening? YOU!\" and he points at Sarah. Sarah shouts at him and tells him, \"under no circumstances will we have any 'fun time\" tonight. Here is a bag of your clothes and you get the heck out of herel NOW!\" Sarah then threw a suitcase with some of Rick's clothes in at Rick. Rick swore at her before getting into of the car, taking the suitcase and leaving. The next morning, one of Sarah's neighbours, Bernita, phoned Sarah to tell her that they found Rick drunk and sleeping in their garden shed. Rick made his way back to his house the next morning but he was feeling very ashamed of his behaviour. He once again could not believe that this was the second time that he damaged the car due to his excessive drinking, not long after getting it back from the mechanic. In light of what happened on 21 July 2022, Sarah eventually told Rick on 23 July 2022 after she had put the children to bed that evening that she did not want to continue with the way things were and she wanted a divorce. Rick was horrified at this and he said to her, \"Sarah, | know that we have been through rough times lately. | know that my excessive drinking is a problem. | love you with all of my heart and | want to demonstrate that to you by going into rehab and | am begging you to consider that we go for marriage counselling. | do not want a divorce. | want to save our marriage, not damage it any further. Please give me a chance to prove this to you.\" Sarah considered Rick's plea and told him that she was fine with it and that she forgave him for his past behaviours. Rick told her that he loved her very much too and on 27 July 2022, Rick started his rehab for alcohol addiction at the Strong Angels Rehabilitation Centre. Rick was in rehab for about three weeks before both he and Sarah attended marriage counselling which they started on 30 August 2022. They attended marriage counselling until 30 September 2022. Since that time, they were very much in love. Rick became a more devoted father to Henry and Andrea, spending time and playing with them more. He spoilt Sarah with everything that she wanted and this motivated them both to have the third child, namely Oliver. Sarah fell pregnant with Oliver on 31 October 2022. Sarah then returns to the current situation with Rick and she tells Rick that she is tired of getting up the next morning, traumatised from the terrible fights that they have when he is drunk, and he cannot recall what went wrong. In addition, for this occasion, Sarah is absolutely horrified that Rick would blame Aston for what is happening in their marriage. When Rick hears this, he completely loses his temper and he starts shouting insults at Sarah. Sarah also had a difficult day at the office that day and she was in no mood to fight so she retreated to the bedroom after Rick shouted at her. Rick, in his drunken state, decides that \"enough is enough\" and he goes to one of his drawing cabinets in which he pulls out a gun. He then heads to the bedroom where Sarah is sitting crying on the bed and he kicks the bedroom door off its hinges. Sarah gets a fright and stands up, absolutely traumatised to see Rick pointing the gun at her. She pleads with Rick to put the gun down and Rick replies to her in his drunken state by saying, \"I have known for such a long time that you and Aston have been making love behind my back. | have video footage from work that shows it! If you did not love me in the first place, we should never have gotten married. You have now hurt me for the last time and Aston will be next.\" At this stage, the two children, Henry and Andrea, come through to the bedroom and they start crying and screaming when they see Rick pointing the gun at Sarah. Rick tells them to \"shut up\" and by this time, Rick has definitely lost control of his senses because of the excessive drinking he did a few hours earlier. Sarah then moves very suddenly to try and get to Henry and Andrea, when Rick fires three shots. Two shots hit Sarah in the abdomen and the third shot hits her in the head. Sarah starts bleeding profusely from her wounds and she eventually dies. Henry and Andrea run down the stairs and out of the house crying and screaming. Rick looks in sheer disbelief at what has just happened. He drops the gun and collapses on the floor. When Rick awakes the next morning, he finds himself in a holding cell at a local police station. He cannot remember what happened the night before but notices how he is covered in blood. He asks one of the police officers at the police cells what happened, to which the officer replied, \"You have been arrested for the murder of your wife.\" Rick cannot understand how this has happened. Through an opening in his cell, he can see his mother-in-law, Genevieve, sitting with Henry and Andrea at a police constable's desk, while the police constable takes a statement from them. He overhears Henry telling the police constable, \"Daddy killed Mommy! Daddy killed Mommy!\". When Rick's defence attorney arrives to consult with him, Rick tells the attorney, \"I honestly cannot believe that | killed Sarah! | never wanted to do that at all! Why would | point a gun at my own wife? Even if | did point a gun at her, | would have been aiming for a window or the bedroom light but not at her. | probably just wanted to scare her and show her 'whose boss' but | cannot believe that | killed her! That was not my intention.\" Rick is officially charged with murder and he is told that his matter will be heard in the local high court due to the seriousness of the charge. If you are representing the State for the prosecution . Automatism, the type of automatism that may be applicable in Rick's case and whether Rick's case demonstrates any evidence of antecedent liability and possibly, non- pathological criminal incapacity as a defense. Whether Rick can raise the defense of intoxication in relation to applicable case law and legislation. Determining intention by means of inferential reasoning and whether it exists with dolus eventualis or not on Rick's part. The crime control model as an applicable model and the internal tensions with it in light of the prevalent domestic violence and gender-based violence statistics in South Africa. s Any five rights that Rick has as an accused person in terms of section 35 of the Constitution, 1996. The role and professional independence of the National Prosecuting Authority (NPA). . A brief synopsis of how criminal procedure works in the criminal courts, from the moment of Rick's arrest right up to the moment that he is convicted of the offence

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

The Legal Environment of Business

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

11th Edition

9781133419716, 538473991, 1133419712, 978-0538473996

More Books

Students also viewed these Law questions

Question

distinguish between value added and non-value added activities; LO1

Answered: 1 week ago

Question

Define working capital. LO1

Answered: 1 week ago